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HEMISPHERE WAREHOUSES, INC. v. CAYHOLD LTD.

No. 83-999.

438 So.2d 988 (1983)

HEMISPHERE WAREHOUSES, INC., Appellant, v. CAYHOLD LTD., Appellee.

District Court of Appeal of Florida, Third District.

October 11, 1983.

Attorney(s) appearing for the Case

Therrel, Baisden, Stanton, Wood & Setlin and Julian R. Benjamin, Miami Beach, for appellant.

Smith & Mandler and Steven L. Schwarzberg, Miami Beach, for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

We agree that the complaint herein was properly dismissed for failure to state a cause of action but think that leave to amend should have been granted as it appears that the deficiency is curable by amendment. Leave to amend a complaint should be freely given when justice so requires. Fla.R.Civ.P. 1.190(a). But cf. DeMaris v. Asti, 426 So.2d 1153 (Fla. 3d DCA 1983) (leave to amend need not be granted when it...

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